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(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
Sec. 4-5.
Election of Commissioners in Districts organized
under Farm Drainage Act and certain other Districts.
Commissioners for all districts which, at the time this Act
becomes effective, are operating and existing under the
provisions of the Farm Drainage Act, shall be elected by
the adult owners of land in the district in the manner provided
by this Section unless the landowners have elected to change
from the election to the appointment of commissioners in the
manner provided in Section 4-6.
An election shall be held in all combined, union, special,
user, mutual or other districts which were operating and
existing under the Farm Drainage Act at the time this Act
became effective and in districts which have changed from
the appointment to the election of commissioners as provided
in Section 4-8, on the first Tuesday in September 1956 and
annually thereafter for the purpose of electing a successor
to the commissioner whose term will next expire. Commissioners
so elected shall serve for a term of 3 years from the date of
their election and until their successors have been elected
and have qualified.
In any case where the commissioners have failed to give notice
and to hold an election as provided in this Section, the circuit
court of the county in which the district is organized may, on
the petition of any owner of land in the district, designate the
time and place for a special election. Any commissioner elected
at such special election shall serve for the remainder of the
term expiring 3 years from the date on which the election should
have been held and until his successor is elected and has qualified.
The commissioners in office shall designate the place within the district
at which the election will be held and they shall file such designation in
writing with the clerk of the circuit court at least four weeks prior to
the date of the election. The clerk shall give at least
two weeks notice of the time and place of the election by publication for
2 successive weeks in the manner provided by Section 4-22.
Notice by mailing shall not be required.
Voting shall be by secret ballot. The clerk shall cause the
ballots to be prepared. The ballots shall show on their face
the name of the district,
the date of the election, the term for which a commissioner is
to be elected, the names of the declared candidates and a
blank line for write-in candidates. A square shall appear
before each name and before the blank line. The reverse side
of the ballot shall show the official nature of the ballot by
the certificate of the clerk.
Every adult owner of land in the district shall be entitled
to vote. Any qualified person may declare his candidacy for
the office of commissioner and thereby become entitled to have
his name placed on the ballot by filing a statement of his
candidacy in writing with the clerk at least 3 weeks prior
to the date of the election.
The commissioners in office at the time of the election shall be the
judges of the election. In the event that one or more of the
commissioners is absent or refuses to serve as judge then the electors
present at the opening of the polls may choose a person or persons to
fill the vacancy or vacancies. The polls shall open at 2:00 P.M. and
close at 4:00 P.M. unless the judges of election shall determine to hold
the polls open a longer period to accommodate the voters. In no event
shall the polls remain open later than 6:00 P.M.
Upon the closing of the polls the judges of election shall promptly
canvass the ballots and the ballots together with the poll books, tally
lists and the results shall be returned to the clerk within 48 hours
after the election. The candidate receiving the largest number of votes
shall be declared elected. In case of a tie the judges shall determine
by lot who is elected. The expense of the election shall be borne by the
district.
In the event that a vacancy occurs in the office of commissioner
whether by death, ineligibility, removal from office or failure to
qualify the commissioners in office shall fill the vacancy by
appointment. The commissioner so appointed shall serve until the next
annual election. If the unexpired term caused by such vacancy be for
more than one year then, at the next annual election, the adult
landowners shall elect a commissioner to complete the then unexpired
portion of the term in addition to electing a commissioner for a regular term.
Commissioners elected under this Section shall, within 20 days after
their election, qualify by subscribing to an oath of office and giving
bond, in the manner provided in Section 4-4.
(Source: P.A. 86-297.)
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